heard in opposition to the request, and shall determine whether and subject to what conditions, if any, the amendment ought to be allowed.

(5) When no notice of opposition is given, or the person so giving notice does not appear, the Commissioner shall determine whether and subject to what conditions, if any, the amendment ought to be allowed.

*(6) When leave to amend is refused by the Commissioner the person making the request may appeal from his decision to the Attorney-General.

(7) The Attorney-General shall, if required, hear the person making the request and the Commissioner, and may make an order determining whether and subject to what conditions, if any, the amendment ought to be allowed.

(8) No amendment shall be allowed that would make the specification as amended claim an invention substantially larger than or substantially different from the invention claimed by the specification as it stood before the amendment.

(9) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed except in case of fraud; and the amendment shall in all Courts and for all purposes be deemed to form part of the specification.

(10) The foregoing provisions of this section do not apply when and so long as any action for infringement or proceeding for revocation of a patent is pending.

26. In any action for infringement of a patent and in a proceeding for revocation of a patent the Court or a Judge in Chambers may at any time order that the patentee shall, subject to such terms as to costs and otherwise as the Court or a Judge in Chambers may impose, be at liberty to apply at the Patent Office for leave to amend his specification by way of disclaimer, and may direct that in the meantime the trial or hearing of the action shall be postponed.

Proc. No. 22 of 1902.

Power to disclaim

part of invention during action.

Restriction on re

27. Where an amendment by way of disclaimer, correction, or explanation has been allowed under this Proclamation, no covery of damages. damages shall be given in any action in respect of the use of the invention before the disclaimer, correction, or explanation, unless the patentee establishes to the satisfaction of the Court that his original claim was framed in good faith and with reasonable skill and knowledge.

28. Every amendment of a specification shall be advertised in manner prescribed by the Commissioner.

Advertisement of amendment.

Power of Governor

29. If on the petition of an interested party it is proved to the satisfaction of the Governor that in consequence of the to order grant of li

See Patents (Amendment) Proclamation-Tr. 29 of 1902, as to the power of the Attorney-General on such appeals, to examine witnesses upon oath, and administer oaths for that purpose; also sect. 6 as to his powers to make, alter, and rescind rules regulating such appeals, and the practice and procedure before him; and to make orders as to costs.

cences.

Proc. No. 22 of 1902.

Fees in schedule.

Extension of terin

refusal of a patentee to grant licences to use his invention on reasonable terms

(a) The patent is not being made use of in this Colony; or (b) The reasonable demands of the public in connection with the invention cannot be met; or

(c) Anyone is prevented from making use of or deriving the full benefit from an invention of which he is possessed-

the Governor may order the patentee to grant licences for the use of the said invention under such conditions as to the amount of royalties, security for payment, or otherwise as the Governor, regard being had to the nature of the invention and the circumstances of the case, may deem just, and any such order may be made an order of the Court.

30. There shall be paid to the Commissioner in respect of the several instruments described in Schedule "H" to this Proclamation the fees in that schedule mentioned, and there shall likewise be paid in respect of any other matters under this Proclamation such fees as may from time to time be prescribed by the Commissioner with the consent of the Governor.

31. (1) Every patentee may address an application to the of patent on applica- Governor asking for an extension of the terms of his patent. Such an application must be sent in at least six months previous to the expiration of such term.

tion to Governor.

(2) The Governor shall refer such application to the High Court of the Transvaal for consideration and report.

(3) The Court shall on such reference being made by the Governor appoint a day for hearing such application, and, at least two months before the day appointed for such hearing, the applicant shall publish, in manner prescribed by the Court, a notice of the contents of his application as nearly as possible in the form prescribed in Schedule "G."

(4) Everyone interested in making objection to the application may lodge his objections in writing with the Registrar of the Court; provided that such be done at least one month before the day appointed for the hearing of the application.

(5) The applicant and everyone who has lodged any objection in writing in the manner prescribed by law may appear in person or by counsel to plead his case.

(6) The Court in its report shall take into consideration the nature and the merits of the invention and the value thereof to the public, the profit derived therefrom by the patentee, and the further circumstances of the case. The report shall further state whether in the opinion of the Court it is advisable to grant an extension and, if so, for how long and under what conditions or restrictions. The Court shall further direct by whom the costs of the case between the parties shall be borne, and an order as to the costs made or granted by the Court may be legally enforced.

Proc. No. 22 of 1902. Governor may

32. The Governor shall have the right, after considering the application for an extension and the report of the said Court grant extension of thereon, to grant an extension of the term of the patent under patent. such conditions and restrictions and for such a length of time (in no case longer than fourteen years) as he may think desirable. The extension of the term of the patent shall date from

the day of the expiration of the original term thereof.

33. (1) There shall be kept at the Patent Office a register Register of patents. called "The Register of Patents," wherein shall be entered the dates of applications for patents, the names and addresses of grantees of patents, notifications of assignments and transfers, and of transmission of patents, of licences under patents, and of amendments, extensions and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed, provided that there shall not be entered in the register, or be receivable by the Commissioner, any notice of any trust express, implied or constructive.

(2) The register of patents shall at all convenient times be open to the inspection of the public on payment of the fee prescribed in Schedule "H."

66

(3) Any person may, on payment of the fee prescribed in Schedule "H," obtain a certified copy or extract from the register of patents, sealed with the Seal of the Patent Office.

(4) The register of patents shall be prima facie evidence of any matters by this Proclamation directed or authorized to be inserted therein.

(5) Copies of deeds, licences and any other document affecting the proprietorship of any patent, or in any licence thereunder, must be supplied to the Commissioner in the prescribed manner for filing in the Patent Office.

34. Printed or written copies or extracts, purporting to be certified by the Commissioner and sealed with the seal of the Patent Office, of or from patents, specifications and other documents in the Patent Office, and of and from registers and other books kept there, shall be admitted in evidence in all Courts in this Colony and in all proceedings without further proof or production of the originals.

35. Any person who makes, or causes to be made, a false entry in a register kept in terms of this Proclamation, or produces or tenders or causes to be produced or tendered in evidence any such false entry or false copy or extract, knowing the same to be false, shall be punished with imprisonment, with or without hard labour, for a period not exceeding five years.

Proof of patents, specifications, &c.

Penalty for making false entry.

Register may be

Court.

36. (1) The Court may, on application by any person who complains of an unjustifiable entry or unjustifiable omission amended on order of of an entry, or of any other particulars in such register, make such order for the striking out, insertion, or amendment of such entry as the Court shall deem necessary: The Court may also dismiss the application, and make an order as to costs in either

case.

Proc. No. 22 of 1902.

Correction of cleri

cal errors.

Revocation of

patent.

Who may apply

for revocation.

(2) The Court may, in any proceeding under this section, decide any question that it may be necessary or expedient to decide for the rectification of a register, may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved.

(3) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Commissioner.

37. The Commissioner may, on request in writing, accompanied by the fee prescribed in Schedule "H":—

(a) Correct any clerical error in, or in connection with, an application for a patent; or

(b) Correct any clerical error in the name, style, or address of the registered proprietor of a patent, or any licence thereunder.

38. An application may be made to the Court by petition for the revocation of a patent on one or more of the following grounds

(a) That the patent has been fraudulently obtained to the prejudice of another's rights;

(b) That the person represented as being the true and first inventor was not such;

(c) That the invention was not new.

(d) That the invention is not capable of being patented in terms of Section 5 of this Proclamation;

(e) That the complete specification, or the provisional
specification accepted as such, as herein before provided,
has reference to theoretical principles, hypotheses,
methods, systems, discoveries or conceptions, the
manner of applying or using which is not set
out;

(f) That the complete specification, or the provisional
specification accepted as such, as herein before provided,
is not sufficient, i.e., that mention of a part of the
invention has been omitted, or that it has been
omitted or that it has been insufficiently explained;
(g) That the invention, or the application of the same, is
contrary to law, public order, or good morals;
(b) That the title of the invention fraudulently sets forth
another than the true subject matter of the invention;
(i) That the prescribed payments have not been duly
made.

39. A petition for revocation of a patent may be presented by the following persons only, that is to say:

(a) The Attorney-General.

(b) Any person expressly authorized thereto by the Attorney-General.

(c) Any person who alleges that the patent has been obtained
in fraud of his rights, or of the rights of any person
under or through whom he claims.

(d) Any person who alleges that he or any person under
or through whom he claims was the true inventor of
any invention included in the claim of the patentee.
(e) Any person who alleges that he, his partner, or any
person under or through whom he claims had publicly
manufactured, used, or sold before the date of the
patent, anything which the patentee claims as his
invention.

40. In a proceeding for the revocation of a patent the following provisions shall be observed:

(1) The plaintiff must deliver with his petition particulars
of the objections on which he means to rely, and if
one of such objections is "want of novelty" he must
state the time and place of the alleged previous
publication or user, and if such publication is to be
found in books, papers, or other documents, copies or
extracts of the same, stating the title, edition, place,
and date of publication or compilation thereof, shall
be annexed to the particulars. No evidence shall,
except by leave of the Court or a Judge in Chambers,
be admitted in proof of any objection of which
particulars are not so delivered.

(2) Particulars delivered may be from time to time amended.
by leave of the Court or a Judge in Chambers.
(3) The defendant shall have the right to begin and give
evidence in support of his patent, and if the plaintiff
produces evidence against the validity of the patent
the defendant shall be allowed to bring rebutting
evidence.

Proc. No. 22 of 1902.

Procedure in petition for revocation.

On revocation of

patent on ground of ventor may obtain a

fraud the true in

41. Where a patent has been revoked on the ground of fraud the Commissioner may, on the application of the true inventor made in terms of this Proclamation issue to him a new patent (in place of the revoked one), the date of which new patent. shall be the date of revocation of the patent so revoked. This new patent shall, however, cease on the revocation of the term for which the revoked one was granted.

Penalty on falsely

to be patented.

42. (1) Any person who represents that any article sold. by him is a patented article when no patent or similar exclusive representing articles privilege has been granted for the same shall be liable for every offence to a fine not exceeding one hundred pounds sterling, or to imprisonment with or without hard labour for a term not exceeding three months.

(2) A person shall be deemed for the purposes of this Proclamation to represent that an article is patented if he sells the article with the word "patent " or " patented," or any word or words expressing or implying that a patent or similar exclusive privilege has been obtained for the article stamped, engraved or impressed on or otherwise applied to the article.